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(영문) 의정부지방법원 2016.06.10 2016노850
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable, while the prosecutor asserts that the sentence of the court below is too unfilled and unfair.

2. We examine the reasoning of appeal, and consider the circumstances favorable to the defendant as shown in the arguments and records of this case (such as the following: (a) the defendant commits the crime of this case against his mistake while recognizing all the criminal facts of this case; (b) the victim C (E), J, L and original agreement was made; (c) the victim of the fraudulent conduct against the interest-holder financial institution, etc. of the document nominal owner; (d) the victim’s actual damage occurred; and (c) the amount of damage to the modern Capital of the victim who acquired by using the Z’s above investigation document is deemed to have been fully repaid; (d) the nature of each crime of this case is very heavy in light of the contents and methods of the crime; (e) the defendant repeatedly commits each crime of this case during the period of repeated crime of the same kind; (e) the maximum amount of damage amount to KRW 200 million; and (e) the amount of damage was actually repaid; and (e) the circumstances leading to the change in the circumstances of the victim’s health; and (e) the motive and method of punishment of this case.

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